I Need to Keep My job, But My Employer Owes Me
Ironically, this is one of the many reasons that employees are afraid to sue their employers – they believe that if they don’t win, or even if they do, they will be out of a job and back to square one. This is generally not the case. Employees are also told that they are “at-will” and can be fired for anything, especially for suing the company. This is generally not the case either.
California employment law protects you from what would be considered retaliation or wrongful termination. At-will employees are also protected from this. If it can be shown that your employer had no other reason to fire you other than the suit you filed against them, it demonstrates a clear cut example of unethical and negative practices that violated your right to fair employment.
What Happens If They Do Fire Me For This Reason?
Let’s take a look at an example. Imagine that you are a hardworking employee and make a very nice salary, but you are not a manager at your company, and are therefore entitled overtime pay, even though you haven’t been getting it for the extra hard work you’ve put in over the years.
Through a miracle of documentation, you’re able to show that the company owes you tens of thousands of dollars in unpaid overtime. You hire a qualified attorney to see to it that you are paid that overtime.
If long before the suit, during the suit, and long after the suit, you remain a diligent employee highly capable and valuable to the company, they have no just cause to fire you just for the suit. And, if this can be shown as the case, you are eligible to file another suit for the emotional distress, punitive damages, loss of wages, and loss of benefits you were unfairly forced to endure as a result.
Closing Thoughts
If you decide to sue your employer and you want to keep your position, it is crucial that you maintain a remarkable level of efficiency, capability, and productivity through the process. You absolutely can be fired for incompetence or any other incapacity to perform the job for which you were hired.
If you believe your termination was the direct result of a previous suit filed for workers’ compensation or for any other just cause, contact a highly qualified and experienced employment attorney in Alan Burton Newman to file a claim. You can reach our offices today at (310) 986-2792.